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376 So. 3d 774·
Fla. 2d DCA·
2023-11-08
Ordinances adopting customary use doctrine for beaches adopted between January 1, 2016, and June 30, 2018, are not void under section 163.035, and municipalities may raise customary use as an affirmative defense in proceedings challenging such ordinances.
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Fla. 1st DCA·
2023-11-01
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Fla. 1st DCA·
2023-10-25
The appellate court reversed a lower court's decision, holding that a firefighter's widow could receive death benefits under both chapter 112 and chapter 440 of Florida Statutes. The court found that the "alternative remedy" language in one statute applied only to benefits receiv
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372 So. 3d 785·
Fla. 6th DCA·
2023-10-06
The appellate court reversed a summary judgment, holding that a settlement agreement's provision waiving defenses prevented the defendants from asserting the statute of limitations in a foreclosure action. The court emphasized that the plain language of the contract must be enfor
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M.D. Fla.·
2023-10-04
The court held that the non-solicitation clause in the operating agreement unambiguously restricts the defendant from soliciting any of the plaintiff's current or prospective clients, and that the restrictive covenants are valid under Florida law.
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M.D. Fla.·
2023-10-03
The court denied in part and deferred in part Costco's Daubert motions, denied motions to exclude expert testimony, and denied Costco's motion for retroactive application of Fla. Stat. § 768.0427.
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Fla. 2d DCA·
2023-09-22
A defendant is entitled to credit for all time spent in county jail prior to sentencing under section 921.161(1), and when a defendant remains in county custody on the sentencing date before being transported to prison, that day must be credited against the jail time, not the pri
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Fla. 3d DCA·
2023-09-20
The circuit court did not depart from essential requirements of law when it reversed the special magistrate's orders based on plain meaning of unambiguous Land Development Code sections, as deference to agency interpretation is not required where statutory language is clear and u
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Fla. 3d DCA·
2023-09-13
The deterioration of cast iron plumbing pipes qualifies as an "act of nature" under the Water Damage Exclusion endorsement, and tear-out costs are part of the water damage loss subject to the Limited Water Damage Coverage endorsement's $10,000 limit, not a separate coverage provi
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369 So. 3d 1211·
Fla. 2d DCA·
2023-08-23
Fision Corporation appealed a summary judgment granted to Maria Frueh in a derivative action concerning an unpaid loan. The appellate court affirmed, holding that the promissory note required repayment in cash and Fision's attempt to introduce a new theory of repayment via stock
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Del. Ch.·
2023-08-18
The court granted summary judgment for the Sellers on the issue of DPP distributions, finding their interpretation of the contract language to be correct. The court denied summary judgment for both parties on the Accelerated and Advanced Payment Program (AAPP) issue, deeming it f
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369 So. 3d 350·
Fla. 3d DCA·
2023-08-16
This case involves a dispute over a contract for the sale of membership interests in a development company. The appellate court affirmed the trial court's summary judgment, finding that the contract's terms were clear and unambiguous and that no breach occurred.
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Fla. 3d DCA·
2023-08-16
The deterioration of cast iron plumbing pipes constitutes an "act of nature" within the meaning of the water damage exclusion endorsement, and tear-out costs are subsumed within water damage loss and therefore subject to the limited water damage coverage endorsement's $10,000 cap
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M.D. Fla.·
2023-08-09
Smart Communications Holding, Inc. sought damages against Correct Solutions, LLC for breach of contract and related claims arising from their agreement to provide inmate communications services at correctional facilities. The court granted summary judgment in favor of CSG on seve
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Fla. 1st DCA·
2023-08-09
The appellate court affirmed a lower court's decision that a Florida Department of Health memo constituted an unpromulgated rule. The memo warned medical marijuana treatment centers against contracting with Leafly for online ordering services, but the court found this warning wen
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M.D. Fla.·
2023-08-03
The court held that the Appeals Council's finding that the husband had not filed a valid application for benefits was not supported by substantial evidence, requiring remand.
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S.D. Fla.·
2023-07-20
Cuban nationals whose property was confiscated by the Castro regime and who later became U.S. citizens sued under the Helms-Burton Act to recover damages from defendants who allegedly trafficked in their confiscated property, but the court dismissed claims brought by estate and i
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Fla. 4th DCA·
2023-07-12
A circuit court has statutory authority under section 985.26(2)(b), Florida Statutes, to extend a juvenile's secure detention for an additional 21-day period after the initial 21-day detention expires, based on the totality of circumstances including public safety preservation, w
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Fla. 4th DCA·
2023-07-12
This case concerns a juvenile seeking release from extended secure detention. The appellate court held that the juvenile court had the authority to extend the detention based on the totality of the circumstances, including public safety, even if the initial detention period had t
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Fla. 6th DCA·
2023-06-22
This case concerns whether a developer can charge homeowners a "membership fee" for recreational facilities that includes profit, beyond actual expenses, under Florida's Homeowners' Association Act. The court held that such profit-based fees are not permissible "expenses" under t
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S.D. Fla.·
2023-06-06
The court held that the insurance policy's exclusion for intentional, fraudulent, or dishonest acts, when adjudicated, barred coverage for the insured's claims.
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Del. Super. Ct.·
2023-05-31
The Superior Court dismissed the landowners' statutory appeal of a minor subdivision plan approval, finding no statutory basis for such an appeal. However, the court granted the landowners' motion to amend their petition to seek a writ of certiorari, finding the amendment timely
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69 F.4th 762·
11th Cir.·
2023-05-30
Hobby losses deductible under Internal Revenue Code Section 183(b)(2) are miscellaneous itemized deductions subject to the two-percent adjusted gross income floor, not above-the-line deductions.
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Fla. 4th DCA·
2023-05-24
The appellate court reversed a conviction for sexual misconduct with a patient, holding that the victim did not meet the statutory definition of "patient" under Florida law. The court emphasized that the victim was admitted for substance abuse treatment, not mental health treatme
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S.D. Fla.·
2023-05-18
The court held that Federal Rule of Civil Procedure 41(a)(1)(B)'s two-dismissal rule applies even when one of the prior dismissals was agreed to by the defendant, based on the plain language of the rule.
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365 So. 3d 391·
Fla. 2d DCA·
2023-05-10
This case concerns the interpretation of Florida's statute of repose for construction defects. The appellate court affirmed the trial court's decision, holding that the ten-year repose period began when the certificates of occupancy were issued, not when the townhomes were sold t
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Fla. 3d DCA·
2023-04-26
Section 787.03(1) applies to natural parents by its plain statutory language, and a natural parent may be prosecuted under that statute for taking a minor from a lawful custodian even where the parent retains parental rights. The charge was legally sufficient where petitioner exc
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S.D. Fla.·
2023-04-20
A sole in-state defendant's removal of a case before being served, known as 'snap removal,' is improper and violates the purpose of the forum-defendant rule.
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Fla. 4th DCA·
2023-04-19
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Del. Ch.·
2023-04-04
The court held that the term 'biopharmaceutical' in the 'PSG Competitor' definition of the Supply Agreement unambiguously means only biologics and does not include small-molecule drugs. Because Recipharm, the counterparty to the merger, did not derive at least 50% of its revenue
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Del. Ch.·
2023-04-03
The Delaware Court of Chancery granted Bayer AG's motion to dismiss Merck & Co., Inc.'s complaint, holding that the Stock and Asset Purchase Agreement (SAPA) unambiguously allocated to Merck the sole and indefinite liability for product liability claims arising from products sold
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358 So. 3d 444·
Fla. 4th DCA·
2023-03-29
Florida's Anti-SLAPP statute protects persons and entities from lawsuits filed by governmental entities because of their exercise of free speech rights, but does not protect governmental entities themselves from suits filed by citizens. The statute's text and First Amendment prin
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S.D. Fla.·
2023-03-28
The Court held that it retains jurisdiction to consider a motion seeking enforcement of Federal Rule of Civil Procedure 36(b) as a collateral issue, and that the IRS's administrative penalty investigation constitutes a 'proceeding' under Rule 36(b).
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M.D. Fla.·
2023-03-23
The Court held that the term 'award' in Fla. Stat. § 768.73(2) refers to a jury verdict or judgment for punitive damages, regardless of settlement or appellate status, and is bound by Florida precedent interpreting it as such. The Court also found that factual issues remain regar
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Del. Super. Ct.·
2023-03-17
The court denied both parties' motions for summary judgment on the breach of contract claims (Counts II and IV) and Rite Aid's motion for summary judgment on the unjust enrichment claim (Count VI). Genuine issues of material fact remain regarding the interpretation of contract te
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Fla. 3d DCA·
2023-03-15
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M.D. Fla.·
2023-03-07
The court held that the "earth movement" and "water damage" exclusions in the all-risks insurance policy applied, denying coverage for the damaged excavators.
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Fla. 5th DCA·
2023-03-03
A judge reassignment by administrative order appearing on the trial court's progress docket constitutes record activity under rule 1.420(e), and because such activity occurred within ten months before the lack of prosecution notice, the notice was invalid and dismissal was improp
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M.D. Fla.·
2023-02-28
Florida's definition of 'any increase or decrease in the scope of services' for Medicaid reimbursement rates is impermissibly narrow and inconsistent with federal law.
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Fla. 3d DCA·
2023-02-22
Under Florida's PIP statute, payment is deemed made on the date a check or other valid instrument is placed in the United States mail in a properly addressed, postpaid envelope, not on the date the check is deposited. Therefore, the insurer exhausted its $10,000 PIP obligation wh
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Fla. 4th DCA·
2023-02-15
This case addresses whether a joint spousal bank account is exempt from garnishment by a single spouse's creditor. The court held that a written disclaimer of entireties ownership, even if incorporated by reference into the signature card, is sufficient to prevent the account fro
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Fla. 4th DCA·
2023-02-15
The appellate court reversed a lower court's judgment against an air conditioning contractor, finding that the contract did not require the contractor to bring existing, functioning air conditioning systems up to code. The court emphasized interpreting the contract as a whole.
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Fla. 2d DCA·
2023-02-10
The appellate court affirmed a delinquency disposition order, addressing the appellant's argument that the trial court erred in imposing $65 in crime prevention funds. The court clarified that statutory costs for crime prevention funds are imposed per offense, not per case, and t
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59 F.4th 1196·
11th Cir.·
2023-02-08
The court held that the intellectual property did not 'merge' under the contract's plain meaning as a result of the reverse triangular merger, thus not triggering the payment obligation.
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Del. Super. Ct.·
2023-02-06
The Delaware Superior Court granted Clover Health's motion for partial summary judgment, finding that the individuals in question qualified as 'Insured Persons' under the Tail Policies and that the 'Claim' definition was ambiguous regarding SEC investigation subpoenas. The court
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M.D. Fla.·
2023-01-18
The court held that Bulle is not an insured under the National Fire policy because his interpretation of the policy language is unreasonable and creates an absurd result. The court granted summary judgment for the insurer.
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Fla. 4th DCA·
2023-01-11
A retainer agreement providing for a $500 monthly fee charged against a $3,000 retainer for the first six months, followed by hourly billing when the retainer is depleted, unambiguously establishes a flat monthly fee structure for that period and does not permit simultaneous hour
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Fla. 4th DCA·
2023-01-11
This case concerns the interpretation of a retainer agreement between clients and a law firm. The appellate court reversed the award of attorney's fees for the first six months of representation, finding the agreement unambiguously provided for a flat monthly fee during that peri
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M.D. Fla.·
2023-01-10
Steel Supplements, Inc. and Dan Bilzerian's company Blitz NV, LLC disputed a personal services contract under which Bilzerian, a social media influencer, would promote Steel Supplements' bodybuilding products in exchange for a 10% commission on gross sales. Steel Supplements alle
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Del.·
2023-01-06
The Delaware Supreme Court affirmed the Court of Chancery's judgment, holding that the irrevocable proxy did not run with the Majority Shares. The court found that Delaware law requires irrevocable proxies to clearly and unambiguously state that they will continue with the shares